Swingler, R v [1998] EWCA Crim 2284 (10 July 1998)

There was no bad faith or serious fault by the police in the loss of evidence; the jury had to decide based on the available evidence, and the application for leave to appeal is refused.

Citation: [1998] EWCA Crim 2284
Parties: Applicant: Applicant; Respondent: Crown Prosecution Service
Jurisdiction: England and Wales
Judgment Date: 10 July 1998
Procedural Posture: Criminal Appeal / Application for Extension of Time and Leave to Appeal
Outcome: application refused
Legal Topics: Rape, Abuse of Process, Loss of Evidence

Criminal Law Rape Abuse of Process Loss of Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Applicant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal

Legal Issues

1 Whether the loss of potentially vital video evidence constituted an abuse of process depriving the applicant of a fair trial

Ratio Decidendi

There was no bad faith or serious fault by the police in the loss of evidence; the jury had to decide based on the available evidence, and the application for leave to appeal is refused.

Court Disposition

application refused